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The Ohio legislature is considering H.B. 469 (Annie's Law) which would bring a harsh new DUI punishment to the State.Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a BAC more than twice the state’s legal limit. In Ohio, ignition interlock devices are required for any driver accused of a second...

The Intoxilyzer 8000 is Ohio's breath testing device in DUI cases. One of the major flaws of the machine is that its testing protocol can result in inflated tests. The more you blow, the higher it goes.Wondering Should you blow? Attorney explains in this video. The protocol for the Intoxilyzer 8000 in Ohio requires that you produce merely 1.1 liters of breath, less than the amount of air required to fill a two liter pop bottle. The average adult can exhale between three and four liters of air. If you are unlucky enough to be tested on this machine, the police...

An officer's decision to arrest for DUI involves three steps: observing the vehicle in motion, observing the driver during a personal contact phase, and administering field sobriety tests. Evidence is collected at each stage. If, after conducting all three phases, the officer believes probable cause exists that you are impaired, you will then be arrested. Probable cause is a flexible, common-sense standard. It merely requires that the facts available to the officer would 'warrant a man of reasonable caution in the belief,' Carroll v. United States, 267 U.S. 132, 162 (1925), that you are impaired; it does not demand any showing that...

Stay tuned to this site for continuous updates on the St. Patrick's Day DUI Blitz. Receive alerts before the next dui checkpoint in the Miami valley area. There is a major police presence in Dayton's Oregon District as St. Patrick's Day festivities are well underway. We have previously reported that the Kettering Police Department has begun St. Patrick's Day enforcement which will last until 3 a.m. [story HERE].The Greene County Sheriff has announced that their department will conduct saturation patrols during the holiday. This usually means higher than usual patrols near the Mall at Fairfield Commons and The Greene. In addition,...

You can expect increased Kettering OVI patrols over the holiday. Kettering has announced increased St. Patrick's OVI patrols beginning Monday, March 17, at 7 p.m. and running through 3 a.m. Tuesday, March 18. The funding for these St. Patrick's OVI saturation patrols is provided by the Governor’s Highway Safety Office and local court funds. The Kettering Police Department is a participant in the Montgomery County OVI Task Force. (See full story from ABC22 HERE).You can put DaytonDUI on your Android Smart phone via the DaytonDUI app. The app helps you know your rights and know yourself by providing a drink...

The Clark County OVI Task Force will be operating an OVI checkpoint in Clark County tonight (March 14, 2014). Learn about the next OVI checkpoint before it happens. The Checkpoint will begin at 8:00 pm and will be located at the 500 block of Upper Valley Pike in Springfield. The Ohio State Highway Patrol will be conducting multiple OVI Checkpoints in Stark, Tuscarawas, Lake, Wood, Summit, Cuyahoga and Hamilton counties this weekend and during St. Patrick's Day celebrations on Monday, March 17.If you want to receive updated information on sobriety checkpoints, enhanced traffic enforcement, saturation patrols and other important developments...

To understand DUI case law, it is important to understand how the United States Supreme Court analyzes due process issues. "The Supreme Court has identified two distinct categories of fundamental liberties. The first category includes most of the liberties expressly enumerated in the Bill of Rights. Through a process known as "selective incorporation," the Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment to bar states from denying their residents the most important freedoms guaranteed in the first ten amendments to the federal Constitution. Only the Second Amendment right to bear arms, the Third Amendment right against involuntary quartering of soldiers, and the Fifth...

H.B. 469 (Annie's Law) presented at the Ohio Statehouse on Thursday will require an ignition interlock device be installed on the vehicle of all convicted drunk drivers, including first-time offenders. Ohio law currently prescribes "blow to go" devices for repeat drunk driving offenders, but not on a first offense. We have longed warned (previous story HERE) that this was at the top of MADD's agenda and a continuation of their desire to impose penalties on a driver before they are found guilty of an offense. Essentially, this law is an attack on a person's presumption of innocence. State Representatives Terry Johnson...

If you drive on Ohio's rural roads, you may be in greater danger than if you drive in a city. In this story from WBNS-10 TV in Columbus, we learn that while traffic deaths are down across Ohio, your chance of a fatal accident is greater on Ohio's rural roads. "Numbers from the Ohio Highway Patrol show that on average, more than 500 people have died in rural road fatal crashes since 2010. That's more than double the fatal crashes on urban roads during the same time." According to the patrol, over the past five years, fatalities on Ohio's rural roads...

In an Ohio OVI, a defendant may rely on an affirmative defense. The Ohio Revised Code 2901.05(C) recognizes an affirmative defense to certain crimes and offenders. If an affirmative defense is asserted, the burden of proof is on the defendant to prove the affirmative defense by a preponderance of the evidence.
The following are the affirmative defenses are recognized:Entrapment
Insanity
Self-Defense
Intoxication
Duress
BlackoutIf you plan to assert an affirmative defense, it will be raised at the trial stage and not in a pre-trial motion. Often, the biggest hurdle in the assertion of an affirmative defense will be crafting the affirmative defense and having the court...